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Conference art

2008

Construction Law

Rescheduled from September 2008
Houston Jan 29-30, 2009 JW Marriott Houston-Galleria
Conference Concluded
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Overview

If you're a construction lawyer, construction defect expert, architect or civil engineer, you won't want to miss Construction Law. Conveniently located near the Galleria in Houston, this year’s program includes a special closing panel by the General Counsel, as well as great opportunities to learn and network with clients and colleagues.

Aimed at the intermediate to advanced practitioner, Construction Law provides broad-based coverage of key litigation, counseling and contract issues. The program includes the latest on AIA and ConsensusDOCS, contractor-subcontractor liability, contingent payment legislation, dispute resolution, insurance, work site enforcement, builder's risk, design professionals and more.

Practical advice, papers, sample contracts, and suggestions on how to handle the tough counseling, drafting and litigation issues faced by typical legal practitioners and design professionals are all part of Construction Law. Mark your calendars!

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 January 29, 2009
  • Day 2 January 30, 2009
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Jan. 29, 2009
    Presiding Officer:
    M. Gavin McGee, Attorney at Law - Bellaire, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.50 hr
    Residential Construction Law Update
    A review of recent cases affecting residential construction disputes.

    Clayton C. Cannon, Stumpf Farrimond, PC - Houston, TX
    Materials By:
    Ian P. Faria, Coats, Rose, Yale, Ryman & Lee, P.C. - Houston, TX

  • 9:30 am
    1.00 hr
    Alternative Approaches to Construction Contracts: The AIA A201 General Conditions, 2007 Edition and the New Consensus DOCS
    There are new forms, choices and strategies for "standard form" construction contracts. This session will help you understand the important changes made to the 2007 edition of the AIA A201 General Conditions and the alternative approaches contained in the ConsensusDOCS family of contract documents.

    Thomas W. Myers, Andrews Myers Coulter & Cohen PC - Houston, TX
    Chris S. Stacy, Dubois, Bryant & Campbell, L.L.P. - Austin, TX

  • 10:30 am
    Break

  • 10:45 am
    1.00 hr
    Key Contract Provisions from the General Contractor and Subcontractors' Perspective—Don't You Trust Me?
    The speakers will review critical subcontract provisions which are "must have" or "can't live with," depending on whether you represent the general contractor of a subcontractor.

    Michael R. Johnson, Johnson & Wolffarth, L.L.P. - Dallas, TX
    Thomas J. Walthall Jr., The Gardner Law Firm - San Antonio, TX

  • 11:45 am
    0.50 hr
    Contracting with the Sovereign—Moving Away from the Low Bidder
    A survey of broadened discretion given to Texas State, County and Local Governments for their construction needs, focusing on "alternative" delivery systems, procurement processes, and sovereign immunity issues.

    Curtis W. Martin, Attorney At Law - Houston, TX

  • Thursday Afternoon, Jan. 29, 2009
  • LUNCHEON PRESENTATION

  • 12:15 pm
    Pick up Box Lunch

  • 12:35 pm
    1.00 hr ethics
    The Noble Lawyer and the Search for the Lost Ark: Retaining Integrity in the Legal World to Come
    The practice of all types of law, including construction law, is rapidly changing. How do we rehabilitate our public image and maintain our professional culture in this brave new world?

    William J. Chriss, Texas Center for Legal Ethics and Professionalism - Austin, TX

  • 1:35 pm
    Break

  • 1:50 pm
    1.00 hr
    Pay-If-Not-Paid: Living with the New Contingent Payment Law
    A technical and practical analysis of Texas Civil Practice & Remedies Code §35.521, Payment of Construction Subcontractor. This new law significantly restricts, but does not prohibit, the use and enforcement of contingent payment clauses in certain construction contracts.

    M. Gavin McGee, Attorney at Law - Bellaire, TX

  • 2:50 pm
    0.50 hr
    Managing Construction Risk Through Builder's Risk Insurance
    Building owners and contractors face a variety of special risks, e.g., losses due to theft, fire, collapse as well as related liability risks, inherent in the construction or renovation of buildings. This session covers key aspects of builder's risk policies, with particular attention to how broad the coverage is or can be, as well as key issues that must be addressed to maximize the value and use of such policies, including contractual efforts to shift risk and costs.

    Leo Jordan, Shannon, Gracey, Ratliff & Miller, LLP - Dallas, TX

  • 3:20 pm
    Break

  • 3:35 pm
    0.50 hr
    Torts on the Construction Site
    Discussing numerous hot issues regarding construction site tort liability, including Entergy and "statutory employees," negligent hiring and entrustment issues, attribution of comparative fault, and contractual indemnity issues.

    Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX

  • 4:05 pm
    0.75 hr
    Worksite Compliance: Immigration Issues on the Construction Site
    An update on the increased enforcement focus for contractors and subcontractors including: employment verification compliance; and recent E-verify mandates for federal contractors and their subs.

    Kathleen Campbell Walker, Brown McCarroll, L.L.P. - El Paso, TX

  • 4:50 pm
    0.50 hr
    Copyright and IP Issues Involving Construction
    This topic will address the application of copyright laws to construction companies. There will be discussion of the nature of the litigation, the types of damages available, and insurance coverage available for this type of litigation.

    Gordon K. Wright, Cooper & Scully PC - Dallas, TX

  • 5:20 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Jan. 30, 2009
    Presiding Officer:
    C. A.(Joe) Davis, Brown McCarroll, L.L.P. - Austin, TX
  • 8:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 9:00 am
    0.75 hr
    Green Building: Certifications, Added Value, Contracts, Performance, and Liability
    This session opens with a discussion of the structural items, equipment, materials and finishes that LEED Certification requires, i.e. what should be included in the contract, as well as the inspection and "commissioning" procedure for attaining the LEED certification post-construction. The second part of the presentation will discuss the construction contract issues invoked by LEED standards; acceptance and certification procedures; warranties, regulatory issues, and building "performance" issues.

    James L. Dougherty Jr., Attorney at Law - Houston, TX
    Brian M. Malarkey, Kirksey - Houston, TX
    Bruce W. Merwin, Haynes And Boone, LLP - Houston, TX

  • 9:45 am
    1.25 hrs ethics
    ADR: Mediation and Arbitration Options and Strategies for Construction Disputes
    This highly qualified and experienced panel of mediators, arbitrators and construction experts will explore various techniques they have found beneficial for successful results at mediation, and will discuss various strategies they have effectively used in construction industry arbitration cases.

    Moderator:
    W. Jerry Hoover, Attorney Mediator Arbitrator - Houston, TX
    William K. Andrews, Andrews Myers Coulter & Cohen PC - Houston, TX
    Karl Bayer, Dispute Resolution Expert - Austin, TX
    Curtis W. Martin, Attorney At Law - Houston, TX
    Mark McGivern, CCA, LLP - Bedford, MA

  • 11:00 am
    Break

  • 11:15 am
    0.50 hr
    A Primer on Project Delivery Systems
    An overview of some of the most common alternative project delivery methods for construction projects including Design-Build and Construction Manager at Risk. This topic will include a comparison of several such methods against the traditional design-bid-build process, along with discussion of the variations in the roles of the contracting parties for each.


    Thomas Vaughn, Vaughn Construction - Houston, TX

  • 11:45 am
    0.50 hr
    Avoidance and Handling of Licensure Issues for Design Professionals
    This topic will deal with licensure issues facing the design professional and will include a survey of, and guide to dealing with, the Texas State Boards which regulate architects and engineers.

    W. Wade Porter, Allensworth and Porter LLP - Austin, TX

  • Friday Afternoon, Jan. 30, 2009
    Presiding Officer:
    C. A.(Joe) Davis, Brown McCarroll, L.L.P. - Austin, TX
  • LUNCHEON PRESENTATION

  • 12:15 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:30 pm
    0.75 hr
    Demonstration: Thermal Imaging as a Tool to Diagnose Construction Defects
    This session provides a demonstration of thermal imaging tools and technology and illustrates how thermal imaging can be used to diagnose construction defects, including water intrusion through roofs, walls and floors, and building envelope issues relating to insulation. The session closes some observations on the best uses of and limitations with this tool.

    Jeff W. Gibeaux, Rimkus Consulting - Red Rock, TX
    Kurt M. Hanson, Mustang Cat - Houston, TX

  • 1:15 pm
    Break

  • 1:30 pm
    1.00 hr
    General Counsel Panel: Managing Litigation Risks and Hiring Outside Counsel
    A discussion of the real concerns of in-house counsel in handling litigation, including methods employed and factors considered in the process of identification, engagement, management and change of outside litigation counsel.

    Moderator:
    C. A.(Joe) Davis, Brown McCarroll, L.L.P. - Austin, TX
    Kurt M. Hanson, Mustang Cat - Houston, TX
    Robert M. Reed Jr., Atrium Companies, Inc. - Dallas, TX
    Gregory D. Timmons, Eramet North America, Inc. - Coraopolis, PA

  • 2:30 pm
    Adjourn

  • Day 1 January 29, 2009
  • Day 2 January 30, 2009
Download Schedule

Conference Faculty

William K. Andrews

Andrews Myers Coulter & Cohen PC
Houston, TX

Karl Bayer

Dispute Resolution Expert
Austin, TX

Clayton C. Cannon

Stumpf Farrimond, PC
Houston, TX

William J. Chriss

Texas Center for Legal Ethics and Professionalism
Austin, TX

C. A.(Joe) Davis

Brown McCarroll, L.L.P.
Austin, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Ian P. Faria

Coats, Rose, Yale, Ryman & Lee, P.C.
Houston, TX

Jeff W. Gibeaux

Rimkus Consulting
Red Rock, TX

Kurt M. Hanson

Mustang Cat
Houston, TX

W. Jerry Hoover

Attorney Mediator Arbitrator
Houston, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Michael R. Johnson

Johnson & Wolffarth, L.L.P.
Dallas, TX

Leo Jordan

Shannon, Gracey, Ratliff & Miller, LLP
Dallas, TX

Brian M. Malarkey

Kirksey
Houston, TX

Curtis W. Martin

Attorney At Law
Houston, TX

M. Gavin McGee

Attorney at Law
Bellaire, TX

Mark McGivern

CCA, LLP
Bedford, MA

Bruce W. Merwin

Haynes And Boone, LLP
Houston, TX

Thomas W. Myers

Andrews Myers Coulter & Cohen PC
Houston, TX

W. Wade Porter

Allensworth and Porter LLP
Austin, TX

Robert M. Reed Jr.

Atrium Companies, Inc.
Dallas, TX

Chris S. Stacy

Dubois, Bryant & Campbell, L.L.P.
Austin, TX

Gregory D. Timmons

Eramet North America, Inc.
Coraopolis, PA

Thomas Vaughn

Vaughn Construction
Houston, TX

Kathleen Campbell Walker

Brown McCarroll, L.L.P.
El Paso, TX

Thomas J. Walthall Jr.

The Gardner Law Firm
San Antonio, TX

Gordon K. Wright

Cooper & Scully PC
Dallas, TX

Planning Committee

Clayton C. Cannon—Co-Chair

Stumpf Farrimond, PC
Houston, TX

C. A.(Joe) Davis—Co-Chair

Brown McCarroll, L.L.P.
Austin, TX

William R. Allensworth

Allensworth and Porter, L.L.P.
Austin, TX

William J. Chriss

Texas Center for Legal Ethics and Professionalism
Austin, TX

Michael J. Esposito

University of Texas School of Law
Austin, TX

Michael B. Gerstle

Gerstle, Minissale & Snelson, L.L.P.
Dallas, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Steven E. Kennedy

McGuire Craddock & Strother P.C.
Dallas, TX

M. Gavin McGee

Attorney at Law
Bellaire, TX

W. Wade Porter

Allensworth and Porter LLP
Austin, TX

Richard E. Schellhammer

Goins, Underkofler, Crawford & Langdon, L.L.P.
Dallas, TX

Chris S. Stacy

Dubois, Bryant & Campbell, L.L.P.
Austin, TX

David Toney

Adams and Reese LLP
Houston, TX

Credit Info

  • Houston
MCLE Credit
Toggle view Texas – 12.00 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Real Estate Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 12.00 hrs  |  2.25 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 14.00 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX Insurance – 10.00 hrs
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
Toggle view TX Real Estate Commission (TREC) – 9.00 hrs
To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

Key Dates

Houston – Jan 29-30, 2009 – JW Marriott Houston-Galleria
Conference Concluded
Buy
  • Houston
Standard Registration
Last day for $450.00 Regular pricing: Jan 21, 2009

$500.00 for registrations received after this time

Last day for cancellation (full refund): Jan 23, 2009

$50 processing fee applied after this date

Last day for cancellation: Jan 26, 2009

Venue

speaker

JW Marriott Houston-Galleria

5150 Westheimer Road
Houston, TX
713-961-1500 (reservations)
Map

Accommodations

$189.00 good through Jan 7, 2009

Parking Information

Event Valet: $12; All Day Self-Park: $15

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Brown McCarroll

    Brown McCarroll

  • CCA

    CCA

  • Rimkus Consulting

    Rimkus Consulting
Download Sponsor Details Become a Sponsor
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